Government Enforcement Defense

Many Chinese companies operating overseas have seen increasing compliance and enforcement risks from many multilateral development banks and financial institutions, with a growing number of investigations, sanctions and settlements. Kobre & Kim’s Jason Kang, who focuses on China-related cross-border disputes and complex international regulatory schemes including multilateral development banks sanctions and monitorships, explores how companies and their senior management can manage these risks during the 2022 China Global Compliance Summit in Shanghai in a session at 2:00 pm local time, September 22, 2022.

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When federal receivers are involved in a matter with parallel criminal enforcement proceedings, they must cooperate with not only the agency overseeing the receivership, but also with the U.S. Department of Justice. Kobre & Kim’s Evelyn Sheehan, a former U.S. federal prosecutor focused on asset forfeiture, shared best practices and key considerations for receivers engaging with criminal enforcement authorities during the NAFER (National Association of Federal Equity Receivers) 2022 Annual Conference in Washington DC.

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Kobre & Kim’s Latin America practice has gained recognition in Chambers and Partners’ latest “Corporate Crime & Investigations in International Counsel Legal Rankings.”

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Cryptocurrency fraud and asset recovery is an increasingly active litigation space – crypto class action lawsuits are up, a number of major crypto platforms have filed for bankruptcy and government regulators and enforcers are investing more resources in this area. As such, Kobre & Kim is proud to co-found the North America chapter of the Crypto Fraud and Asset Recovery Network (CFAAR), an emerging network of industry-leading professionals that aims to develop best practices for dealing with cryptocurrency dispute resolution.

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When U.S. government agencies investigate potential violations of laws such as the Foreign Corrupt Practices Act (“FCPA”), internal investigations can help companies understand the facts and mount a defense, as Martin De Luca and Scott Nielson explained in a lecture offered by the IBCCRIM (Brazilian Institute for Criminal Sciences).

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As more governments expand their asset forfeiture authority to targets and their advisors need to learn where law enforcements include civil or “non-conviction-based” forfeiture, governments must safeguard critical due process rights. Kobre & Kim’s Evelyn Sheehan, a former U.S. federal prosecutor who was the Deputy Chief of the Asset Forfeiture Division in Miami, discussed “Non-Conviction-based Forfeiture: What Is It and How Is It Used?” at the 39th Cambridge International Symposium on Economic Crime on September 9, 2022.

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From her proudest professional moments and her advice to trainees to the most significant trend in her practice, Kobre & Kim’s Evelyn Sheehan shared her insight in the latest edition of Private Client Global Elite’s magazine “The Month.”

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Congratulations to Evelyn Sheehan and Amanda Tuminelli, who were recognized in the latest Top 20 Citywealth USA Crypto Powerwomen 2022 publication. The publication celebrates some of the best crypto experts in the United States including lawyers and litigators within a crypto native.

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Brazil, one of the largest crypto markets in the world, is contemplating how to best regulate the crypto industry in the years to come. Lessons learned in the U.S. include a real need to balance regulation and innovation, avoid backwards-looking regulation by enforcement and avoid piling on by multiple government agencies. Kobre & Kim and Bottini & Tamasauskas hosted a panel discussion to examine these topics on August 24, 2022 in São Paulo, Brazil.

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The U.S. Department of Justice’s (DOJ) Antitrust Division has been direct about decreasing the number of meetings between defense counsel, supervisors and front office officials to press against the client's indictment. This change, which is a continuation of a policy instituted during the Trump administration, aligns the antitrust division with the practice of other DOJ divisions, said Kobre & Kim’s Benjamin Sirota, a former prosecutor at the DOJ Antitrust Division, for the National Law Journal.

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In recognition of its “laser focus on cross-border disputes and investigations,” the India Business Law Journal has placed Kobre & Kim among the top India-focused foreign law firms for 2022 in their “Regional and Specialist” category.

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Though China’s Belt and Road Initiative (BRI) has opened up investment and development opportunities for Chinese companies – including state-owned enterprises (SOEs) – around the world, recent geopolitical events such as the Russian invasion of Ukraine have highlighted the international risks these companies face. Kobre & Kim’s Shanghai-based Jason Kang and Jian Wu explore risk management strategies during a virtual event at 9:00 am Shanghai time, August 20, 2022.

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The contagion of collapsing cryptocurrency companies – from Three Arrows Capital to Voyager Digital and Celsius Network – in recent months may not be over yet. Kobre & Kim’s Daniel Saval, who regularly represents crypto industry stakeholders in complex cross-border insolvency disputes, sat down with The Deal to answer why bankruptcies are likely to continue.

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Despite the impact they have on headlines, digital assets – including cryptocurrencies and non-fungible tokens (NFTs) – are relatively new technologies and forms of property. As these assets become increasingly mainstream, legal systems around the world are having to reckon with them as they become subject to regulations, thefts and disputes.

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Kobre & Kim’s Amanda Tuminelli and Benjamin Sauter have been recognized by Citywealth magazine on its 2022 list of “Top 15 U.S. Legal Crypto Practitioners,” a guide to some of the best cryptocurrency legal counsel in the United States.

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